Lewis, et al v. Russell, et al

Filing 357

STIPULATION and ORDER signed by Judge William B. Shubb on 12/15/11: Newitt's Claims in this action be, and hereby are, dismissed, as against defendant Martin Franchises, Inc. only, with prejudice. Each of the parties hereto shall bear his/its own costs, including attorney's fees, as provided in the Release. (Kaminski, H)

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1 2 3 4 5 DENNIS M. COTA, Bar No. 127992 DEREK P. COLE, Bar No. 204250 COTA COLE LLP 2261 Lava Ridge Court Roseville, CA 95661 Telephone: (916) 780-9009 Facsimile: (916) 780-9050 Attorneys for Defendant/Counter-Claimant/ Cross-Claimant Ben J. Newitt 6 7 8 9 UNITED STATES DISTRICT COURT 10 FOR THE EASTERN DISTRICT OF CALIFORNIA 11 CHARLES H. LEWIS and JANE W. LEWIS, 12 13 14 15 Plaintiffs, 18 STIPULATION FOR ORDER OF DISMISSAL v. [F.R.C.P. Rule 41(a)] ROBERT D. RUSSELL; BEN J. NEWITT; the Estate of PHILLIP NEWITT, Deceased, et al., Defendants. 16 17 Case No. CIV S-03-2646 WBS KJM AND RELATED COUNTER- AND CROSSACTIONS. 19 20 21 22 23 24 25 26 27 28 {JEM/00016941.2} STIPULATION FOR ORDER OF DISMISSAL – BEN J. NEWITT AND MARTIN FRANCHISES, INC. Case No. CIV S-03-2646 WBS KJM 1 Defendant/Counter-Claimant/Cross-Claimant BEN J. NEWITT (“Newitt”) and Defendant 2 and Cross-Defendant MARTIN FRANCHISES, INC. (“Martin”), through their respective 3 attorneys of record, stipulate to an order of the above-entitled Court dismissing Newitt’s claims in 4 his Answer to First Amended Third Party Complaint of Davis Center, LLC, et al; Cross-Claims; 5 and Demand for Jury Trial filed on or about February 19, 2008, in the above-entitled action 6 (“Newitt’s Claims”), as against Martin only, with prejudice, according to the terms of Settlement 7 Agreement and Mutual Release of Claims (the “Release”), having an effective date of 8 November 4, 2011, entered into by and between Newitt and Martin. 9 10 Dated: December 15, 2011 COTA COLE LLP COTA COLE LLP 2261 LAVA RIDGE COURT ROSEVILLE, CALIFORNIA 95661 11 12 By:/s/ Dennis M. Cota Derek P. Cole Attorneys for Defendant/CounterClaimant/Cross-Claimant Ben J. Newitt 13 14 15 16 Dated: December 15, 2011 GORDON & REES LLP 17 18 By:/s/ P. Gerhardt Zacher Kristin N. Reyna Attorneys for Third-Party Defendant/ Cross-Claimant Martin Franchises, Inc. aka/dba Martinizing Dry Cleaning 19 20 21 22 23 ORDER OF DISMISSAL 24 25 26 27 28 The Court, having reviewed and considered the stipulation set forth above, and good cause appearing therefor: IT IS HEREBY ORDERED that Newitt’s Claims in the above-entitled action be, and hereby are, dismissed, as against defendant Martin Franchises, Inc. only, with prejudice. -1- {JEM/00016941.2} STIPULATION FOR ORDER OF DISMISSAL – BEN J. NEWITT AND MARTIN FRANCHISES, INC. Case No. CIV S-03-2646 WBS KJM 1 IT IS ALSO HEREBY ORDERED that the dismissal is expressly conditioned upon the 2 terms and conditions of that certain Settlement Agreement and Mutual Release of Claims entered 3 into by and between Newitt and Martin having an Effective Date of November 4, 2011 (the 4 “Release”). 5 6 7 8 IT IS FURTHER HEREBY ORDERED that the Court retains jurisdiction of this matter for the sole purpose of taking any action needed to enforce the terms of the Release. IT IS FURTHER HEREBY ORDERED that each of the parties hereto shall bear his/its own costs, including attorney’s fees, as provided in the Release. 9 10 11 Dated: December 15, 2011 COTA COLE LLP 2261 LAVA RIDGE COURT ROSEVILLE, CALIFORNIA 95661 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {JEM/00016941.2} -2NOTICE OF MUTUAL DISMISSAL – BEN J. NEWITT AND MARTIN FRANCHISES, INC. Case No. CIV S-03-2646 WBS KJM 1 PROOF OF SERVICE 2 3 4 I, Rena Wade, declare: I am a resident of the State of California and over the age of eighteen years, and not a party to the within action. My business address is Cota Cole LLP, 2261 Lava Ridge Court, Roseville, California 95661. On December 15, 2011 I served the within document(s): 5 STIPULATION FOR ORDER OF DISMISSAL 6 7 by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 3:00 p.m. 8 by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, in the United States mail at Roseville, California, addressed as set forth below. 9 10 I caused such envelope to be delivered via overnight delivery addressed as indicated below. Such envelope was deposited for delivery by ________, following the firm's ordinary business practices. 11 COTA COLE LLP 2261 LAVA RIDGE COURT ROSEVILLE, CALIFORNIA 95661 12 13 via electronic/email service. The document(s) listed above were served via email the addressees listed in the attached service list via the Eastern District's CM/ECF server. 14 15 16 SEE ATTACHED SERVICE LIST 17 18 19 20 21 22 I am readily familiar with the firm's practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. 23 Executed on December 15, 2011, at Roseville, California. 24 25 Rena Wade 26 27 28 {JEM/00016941.2} POS, -1STIPULATION FOR ORDER OF DISMISSAL – BEN J. NEWITT AND MARTIN FRANCHISES, INC. Case No. CIV S-03-2646 WBS KJM 1 Lewis v. Russell, et al., U.S. Eastern District Court Case No. CIV S-03-2646 WBS KJM 2 SERVICE LIST 3 4 Attorney/Firm 5 S. Craig Hunter P.O. Box 13810 San Luis Obispo, CA 93406 Tel: (805) 544-4980 Fax: (805) 547-9302 Attorneys for Plaintiffs Charles H. Lewis and Jane W. Lewis Michael S. Middleton Middleton, Young & Minney, LLP 701 University Avenue, Suite 150 Sacramento, CA 95825 Tel: (916) 646-1400 Fax: (916) 646-1300 Attorneys for Defendants The Davis Center, LLC; Emily Stover, individually and as Trustee of the Stover Family Trust and as Personal Representative for Melvin Stover (deceased); and Richard Albert Stinchfield, individually and as Trustee of the Robert S. Stinchfield Separate Real Property Trust and as Trustee of the Barbara Ellen Stinchfield Testamentary Trust (dissolved) Jeffory J. Scharff Attorney at Law 2625 Fair Oaks Boulevard, Suite 7 Sacramento, CA 95864 Tel: (916) 485-5700 Fax: (916) 485-5912 Attorneys for Defendants Potter Taylor & Company, and its predecessors-in-interest: Potter, Long, Adams & Taylor, Ltd.; Davis Center; PotterTaylor, Inc.; and Potter Taylor & Scurfield, Inc. Jung Hang Suh and Soo Jung Suh 1843 Trinity Way West Sacramento, CA 95691 [Service by U.S. Mail Only] Unrepresented Defendants Jung K. Seo 3539 Bradshaw Road, Suite B-265 Sacramento, CA 95827 [Service by U.S. Mail Only] Unrepresented Defendant Daniel W. Smith Law Offices of Daniel W. Smith 3610 American River Drive, Suite 112 Sacramento, CA 95864 Tel: (916) 922-9400 Fax: (916) 922-0481 Attorneys for Defendant Irene Russell, Successorin-Interest to Robert D. Russell (deceased) Chad S. Tapp Matthew R. Day Porter Scott Weiberg & Delehant 350 University Avenue, Suite 200 Sacramento, CA 95825 Tel: (916) 929-1481 Fax: (916) 927-3706 Attorneys for Defendant Workroom Supply, Inc. 6 7 8 9 10 Party(ies) Represented 11 COTA COLE LLP 2261 LAVA RIDGE COURT ROSEVILLE, CALIFORNIA 95661 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 {JEM/00016941.2} POS, -2STIPULATION FOR ORDER OF DISMISSAL – BEN J. NEWITT AND MARTIN FRANCHISES, INC. Case No. CIV S-03-2646 WBS KJM 1 2 3 4 5 6 7 8 9 10 11 COTA COLE LLP 2261 LAVA RIDGE COURT ROSEVILLE, CALIFORNIA 95661 12 13 14 15 16 17 18 19 20 21 22 23 Attorney/Firm Party(ies) Represented Alexander M. Weyand Paul P. DeAngelis J. Scott Feder Weyand Law Firm, PC 531 Howard Street, First Floor San Francisco, CA 94105 Tel: (415) 536-2800 Fax: (415) 536-2818 Attorneys for Third Party Defendant Vic Manufacturing Company Linda M. Moroney Gordon & Rees, LLP Embarcadero Center West 275 Battery Street, Suite 2000 San Francisco, CA 94111 Tel: (415) 986-5900 Fax: (415) 986-8054 Attorneys for Defendant Safety-Kleen Systems, Inc., sued as Safety-Kleen Corporation Robert P. Soran Jennifer Hartman King Andrew Skanchy Downey Brand, LLP 621 Capitol Mall, 18th Floor Sacramento, CA 95814 Tel: (916) 444-1000 Fax: (916) 444-2100 Attorneys for Defendant and Counter-Claimant City of Davis Steven H. Goldberg Michael J. Thomas Leslie Fredrickson Downey Brand, LLP 621 Capitol Mall, 18th Floor Sacramento, CA 95814 Tel: (916) 444-1000 Fax: (916) 444-2100 Attorneys for Third Party Defendant Marie L. Whitcombe (deceased) P. Gerhardt Zacher Kristin N. Reyna Gordon & Rees LLP 101 W. Broadway, Suite 2000 San Diego, CA 92101 Tel: (619) 696-6700 Fax: (619) 696-7124 Attorneys for Third Party Defendant Martin Franchises, Inc. aka/dba Martinizing Dry Cleaning 24 25 26 27 28 {JEM/00016941.2} POS, - 3 STIPULATION FOR ORDER OF DISMISSAL – BEN J. NEWITT AND MARTIN FRANCHISES, INC. Case No. CIV S-03-2646 WBS KJM

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